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(영문) 대전지방법원 천안지원 2016.09.23 2016고단1395
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] On January 6, 201, the Defendant was sentenced to four months of imprisonment with prison labor for a violation of road traffic laws at the Daejeon District Court on January 6, 201, and was sentenced to two years of suspended sentence for ten months as a crime of violation of road traffic laws in the Daejeon District Court's Incheon District Court's Support around November 11, 209.

[2] The Defendant: (a) was a person who violated Article 44(1) of the Road Traffic Act not less than twice; (b) was under the influence of alcohol at around 08:53 on May 28, 2016; and (c) was driving Cone Starsch motor vehicle from the 5km section to the front road of the Agricultural Cooperative Co., Ltd., located in Asan-si, an Asan-si, under the influence of alcohol level of 0.330% during the blood transfusion at around 08:53, May 28, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Each photograph;

1. Statement on the circumstances of the driver involved, report on the detection of the driver involved, and response to requests for appraisal; and

1. Previous convictions: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (the previous conviction reports);

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. The grounds for sentencing under Articles 53 and 55(1)3 of the Criminal Act include: (a) the fact that the defendant had been punished for a crime of drinking alcohol twice; (b) the drinking value is very high; and (c) the time of committing a crime and reflects it; and (d) the punishment as ordered shall be determined by taking into account the various sentencing conditions shown in the trial proceedings of this case.

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